Central Sun Mining Inc. v. Vector Engineering Inc.

CITATION: Central Sun Mining Inc. v. Vector Engineering Inc., 2015 ONSC 3755

COURT FILE NO.: CV-09-374510

DATE: 20150603

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Central Sun Mining Inc., Plaintiff

AND:

Vector Engineering Inc., Vector Colorado LLC, Vector Costa Rica, S.A., Vector Ingeniera Costa Rica, S.A., Steffen Robertson Kirsten/SRK Consulting, Steffen Roberson Kirsten (U.S.) Inc., SRK Field Services LLC, Golder Associates Inc., Golder Associates Ltd., Richard Frechette, A.V. Chance, Brent Johnson, Don West, Dave S. Hallman, Charles J. Khoury, Rob Dorey, Allan Breitenbach, Michael Henderson, Mark Smith, Marc Leduc, Matt Fuller, Sean Currie, and XVEI INC., Defendants

BEFORE: Pollak J.

COUNSEL: William D. Black and Christopher M. Hubbard, for the Plaintiff

John Pirie and Ahmed Shafey, for the Defendant Vector Engineering Inc.

James Jones, for the Defendants Old Vector

HEARD: February 4, 2015

ENDORSEMENT

[1] I have considered the costs submissions of both parties. I confirm Central Sun’s understanding of the question posed to counsel by the Court – namely – can you agree on costs to be awarded on a partial indemnity basis, going to the victorious party on this motion? The parties were told by the Court that the appropriate scale of costs could be addressed after the decision, as the Court could not review or consider any Offers to Settle before it makes a decision. Central Sun’s summary of the agreement of counsel, that the Court asked counsel to consider on costs is correct. I do not however, accept the submissions of Central Sun that it should be awarded costs on a substantial indemnity basis by reason of their settlement offer. I accept the submissions of New Vector in this regard.

[1] I have considered the factors set out in the Rules of Civil Procedure, RRO 1990, Reg 194 and in the Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 14579 (ON CA), 71 O.R. (3d) 291 (C.A.) case. I am required to award costs that are fair and reasonable. Upon consideration of these factors, I find that Central Sun is entitled to costs of $22,500 in accordance with the agreement between the parties. I therefore award costs of $22,500 (inclusive of all applicable taxes) to Central Sun to be paid by New Vector.

Pollak J.

Date: June 3, 2015